Oriental Insurance Company vs Sudama Prasad Chaubey
2022 Latest Caselaw 13987 MP

                          1
        IN THE HIGH COURT OF MADHYA PRADESH
                     AT GWALIOR
                           BEFORE
        HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                 ON THE 31st OF OCTOBER, 2022

              MISC. PETITION No. 4785 of 2022

     BETWEEN:-
     ORIENTAL INSURANCE COMPANY LIMITED
     THROUGH DIVISIONAL MANAGER DIVISIONAL
     OFFICE ABOVE HOTEL AMAR PALACE
     OPPOSITE PHOOLBAGH GATE GWALIOR
     (MADHYA PRADESH)

                                                .....PETITIONER
     (SHRI ANAND VINOD BHARDWAJ, LEARNED COUNSEL WITH
     SHRI SHRINIVAS GAJENDRAGADKAR, LEARNED COUNSEL FOR
     THE PETITIONER)

     AND
1.   SUDAMA PRASAD      CHAUBEY S/O SHRI
     SUNDERLAL CHAUBEY, AGED ABOUT 77 YEARS,
     RANGER HOUSE SHINDE KI CHHAWANI
     LASHKAR (MADHYA PRADESH)

2.   SMT. HARKUNWAR CHAUBEY W/O SHRI
     SUDAMA PRASAD CHAUBEY, AGED ABOUT 72
     YEARS, VILLAGE MANGRONI DISTT SHIVPURI
     AT PRESENT RANGER HOUSE SHINDE KI
     CHHAWANI LASHKAR (MADHYA PRADESH)

3.   MAYANK        CHAUBEY  S/O  LATE    SHRI
     PURUSHOTTAM CHAUBEY, AGED ABOUT 25
     Y E A R S , VILLAGE  MANGRONI   DISTRICT
     SHIVPURI AT PRSENT RANGER HOUSE SHINDE
     KI CHHAWANI, LASHKAR (MADHYA PRADESH)

4.   SHUBHAM     CHAUBEY  S/O  LATE    SHRI
     PURUSHOTTAM CHAUBEY, AGED ABOUT 22
     YEARS, VILLAGE MANGRONI DISTT SHIVPURI
     AT PRESENT RANGER HOUSE SHINDE KI
     CHHAWANI LASHKAR (MADHYA PRADESH)

5.   KANHAIYA    CHAUBEY S/O   LATE    SHRI
     PURUSHOTTAM CHAUBEY, AGED ABOUT 18
     YEARS, VILLAGE MANGRONI DISTT SHIVPURI
     AT PRESENT RANGER HOUSE SHINDE KI
                             2
         CHHAWANI LASHKAR (MADHYA PRADESH)

6.       KAMAL SINGH S/O SHRI CHANDAN SINGH,
         AGED   ABOUT   45   YEARS, OCCUPATION:
         TRANSPORTER VILLAGE MADIKHEDA, TAHSIL
         NARWAR, (MADHYA PRADESH)

                                                              .....RESPONDENTS
         (SHRI JITENDRA KUMAR SHARMA, LEARNED COUNSEL FOR
         RESPONDENTS)

      Th is petition coming on for hearing this day, th e court passed the
following:
                                     ORDER

This petition under Article 227 of the Constitution of India has been filed praying for following reliefs:-

It is therefore, most humbly prayed that this Hon'ble Court may kingly be pleased to allow the present petition and it is further prayed that the award dated 11.12.2021 may kindly be set aside and the claim application Annexure P/2 may kindly be ordered to be decided on its own merits in the interest of justice.

This is second round of litigation, in the first round this Court dismissed the petition filed by the petitioners. In the present petition, learned counsel for the petitioner has challenged the award on the basis of fraud by submitting that when a judgment and decree is obtained by playing fraud, the same can be reviewed/recalled. In support of petition, learned counsel for the petitioners has relied upon the judgment of Hon'ble Apex Court rendered in the case K.Shrinivasappa and ors. Vs. M.Mallama and others AIR 2022 SC 2381.

Learned counsel for the respondents opposed the petition. Heard learned counsel for the parties.

It is not disputed that order dated 11.12.2021 has been passed by 10th Motor Accident Claims Tribunal Gwalior in Lokadalat on the basis of

compromise between the parties. Counsel for the petitioners has submitted that the factun of offending vehicle was not having permit or fitness certificate had not been disclosed during lok adalat at the time of passing of award. The said facts are already on record and if petitioner without verifying the said facts entered into compromise, it cannot be said that fraud has been played with it.

In view of above, present petition sans merits and is hereby dismissed.

YOGENDRA OJHA 2022.11.01 17:48:53 +05'30'

(DEEPAK KUMAR AGARWAL) JUDGE ojha